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Showing contexts for: electricity act 127 in M/S M.B. Enterprises vs Jharkhand Urja Vikas Nigam Ltd on 26 June, 2024Matching Fragments
14. This Court is conscious with the fact that if the inspection of unauthorized use of electricity, if on inspection conducted by the licensee has found the unauthorized use of electricity then based upon the provisional assessment and the final assessment, the appeal is to lie under Section 127 of the Electricity Act, 2003.
15. This Court for better appreciation of the fact needs to refer the provision of Sections 126 and 127 of the Electricity Act, 2003 which reads as under:
20. The issue of Section 126 and 127 of the Act has been dealt with by the Hon'ble Apex Court in the case of Kerala State Electricity Board and Ors. vs. Thomas Joseph and Ors., 2022 SCC OnLine SC 1737, whereby and whereunder it has been held that provision as contained under Section 126 of the Act, 2003 and Section 127 of the Act are the self-contained Code, which means that if the one or the other consumers is aggrieved with the assessment so made under Section 126 then the statutory remedy is available under Section 127 of Electricity Act, 2003 and only thereafter, the other forum that is the writ jurisdiction of the High Court can be invoked. Relevant paragraph of the aforesaid judgment is being referred as under:
38. The learned Single Judge, merely on by going through the stand taken by the licensee in the counter-affidavit as referred hereinabove and without appreciating the applicability of condition No. II (B) of the explanation as contained under Section 126 of the Electricity Act, 2003 has not entertain the writ petition on the ground of availability of alternative remedy as under Section 127 of the Act, 2003 by way of filing an appeal.
39. Thus, it is evident that if the unauthorized use of electricity is there and based upon the inspection report, if it comes to the notice of the authorized officer, the final assessment, if made, the same can only be challenged by filing an appeal under Section 127 of the Act, 2003 since Section 126 and Section 127 of the Electricity Act are the self-contained Code, as per the judgment referred hereinabove Kerala State Electricity Board and Ors. vs. Thomas Joseph and Ors. (supra).
40. This Court since has arrived at a conclusion that the unauthorized use of electricity is there, but the same cannot be said to be under the fold of categories as stipulated under Section 126 under its explanation, hence, the dismissal of the writ petition on the ground of availability of alternative Page 15 L.P.A. No 294 of 2015 remedy under Section 127 of Electricity Act, 2003, cannot be said to be just and proper.